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shall not be any other lease of said estate, or any part thereof, which shall not expire or be determined within one year from the commencement of such new lease; and so as counterparts of such new lease be entered in the registry book of the ordinary of the diocess, and in the vestry book of the parish. And by s. 2. such consent of the ordinary of the diocess shall be written at the foot or on the back of every such lease, or in a schedule annexed thereto, subscribed with his hand, and sealed with his archiepiscopal or episcopal seal; and such consent of the protestant parishioners shall be written at the foot, or on the back of such lease, or in a schedule to be annexed thereto, and subscribed by the church-wardens for the time being, and by 2 other protestant parishioners, to be elected by the majority of protestant parishioners in vestry assembled, and appointed as their attornies or proctors for that purpose, and sealed with their seals respectively; and they shall therein specify the year, month, and day, on which the protestant parishioners in vestry assembled consented to such lease, and on which such consent was entered in the vestry book.

S. 2.

may be renewed without surrender of

4 Geo. 2. c. 28. s. 6. Eng.

By the 4 Geo. 2. c. 28. s. 6. Eng. in case any lease shall Leases be surrendered in order to be renewed; and a new lease executed by the chief landlord, the new lease shall, with- under-leases. out a surrender of the under-leases, be as valid as if all the under-leases had been surrendered; and every person in whom any estate for life, or years, shall be vested by virtue of such new lease, shall be entitled to the rents and duties, and have like remedy for the recovery thereof, and the under-lessees shall hold and enjoy the lands, &c. as if the original leases had been kept on foot; and the chief landlord shall have the same remedy, by distress or entry, for the rents, &c. reserved by such new lease, so far as the same exceed not the rents, &c. reserved in the lease out of which such under-lease was derived, as they would have had in case such former lease had been continued, or the under-leases had been renewed under such new lease. The 5 Geo. 2. c. 4. Ir. contains the same provision. 5 Geo. 2. c. 4. It is one of the provisions (s.11.) of the *17 & 18 Geo. 3. s. 1. Ir.

*

c. 49. Ir.

This clause seems to extend to leasing powers in general, though the ⚫ther clauses relate only to catholics.

17& 18 Geo. 3.

Persons having

leases for lives,

may let for years determinable on lives.

c. 21. s. 2. Ir.

Exception.

c. 49. Ir. and proper to be stated in this place, that any c. 49. s. 11. Ir. persons who have power under settlements to make leases for one or more life or lives, shall have the like power to powers to make let for any number of years determinable on one life, or such number of lives, as in such settlements mentioned, subject however to every proviso, condition, and restriction, in said settlements contained concerning such leases. 11 12 Geo. 3. And it is a provision (s. 2.) of the 11 & 12 Geo. 3. c. 21. Ir. (the other clauses of which statute have been already Tenants for life, stated, ante p. 503-4.) that every tenant for life, archbic. may demise beg for 61 years, shop, bishop, and body corporate, ecclesiastical or civil, may make leases of any unprofitable bog for the purpose of reclaiming the same, and also of any quantity of land, not exceeding one half of an acre as a site for a house, or for the purpose of delving for gravel or limestone for manure, next adjoining to such bog, for any term not ex-. ceeding 61 years, at such rent as shall be agreed upon : provided that no greater quantity of such bog be set to any one person than 50 acres, plantation measure; and provided that from the expiration, surrender, or other determination of such lease, no longer lease of such bog shall be made by any ecclesiastical person, or body corporate, than is prescribed by the 10 & 11 Car. 1. c. 3. There are several statutes in Ireland giving given to tenants power to ecclesiastical persons, tenants for life, and other particular estates, to make leases in perpetuity, for certain *Vide Ball's public or national purposes: *And by other statutes a Leases, Glebes. special leasing power is given.

Other powers

for life, &c.

Index, tit.

§. 3.

The possession of lands, c. shall be in him

ante.

III. The statute of uses, 27 Hen. 8. c. 10 Eng. (which has superseded the several statutes in the margint) enacts, that where any person shall be seised of any lands or other that has the use. hereditaments, to the use or trust of any other person, &c. 27 Hen.S.c.10. by reason of any bargain, sale, feoffment, fine, recovery,

§. 1. Eng.

covenant, contract, agreement, will, or otherwise; every such person, &c. that shall have such use, &c. in feesimple, fee-tail, for term of life, or for years, or otherwise,

+50 Edw. 3. c. 6. 1 Ric. 2. c. S. 2 Ric. 2. st. 2. c. 3. 4 Hen. 4. c. 7. 11 Hen. 6. c. 3 & 5. 1 Rie.. 3. c. 1. & c. 5. 1 Hen. 7. c. 1. 4 Hen. 7. c. 17. 19 Hen. 7. c. 15.

wise, or in remainder or reverter, shall stand seised, and be deemed to be in lawful seisin, estate, and possession, of such lands, &c. with their appurtenances, of and in such like estates as they shall have in use or trust in the same; and the estate and possession that was in such person so seised to the use or trust, &c, shall be adjudged to be in him that shall have such use or trust, after such quality, manner, form, and condition, as he had before

s. 4. & 5.

of rents may

&c.

in the use. And by s. 2. & 3. where divers persons shall s. 2. & 3. be jointly seised to the use or trust of any of them, those which shall have such use or trust, shall be adjudged to have only such estate, possession and seisin of the lands, &c. as they had in the use or trust; saving to all persons, other than those which shall be seised to any use or trust, all such right, &c. as they might have had before the making of this act; and saving also to all persons, and their heirs, which shall be seised to any use, all such former rights, as they might have had to their own proper use, &c. And by s. 4. & 5. where divers persons be seised to the use and intent that some other persons shall have an annual rent out of the lands, &c. they, their Cestui que use heirs and assigns, shall be adjudged to be in possession distrain, avow, and seisin of the same rent, of and in such estate as they had in the use of the said rent or profit, and as if a sufficient grant or conveyance had been made to them by such as shall be seised to such use or intent; and every such person as shall have any use or interest in or to any such rent or profit, shall lawfully distrain for non-payment thereof, and in their own names make avowries, or by their bailiffs or servants make conusanees and justifications, and have all other remedies, as if the same rents had been actually granted to them, with sufficient clauses of distress, re-entry, or otherwise. Provided (s. 10.) that this act shall not discharge or suspend any statute, recognizance, or other bond, by the execution of any estate in any lands, &c. The 10 Car, 1. st. 2. c. 1. Ir. 10 Car. 1. st. 2. (which supersedes also the 3 Edw. 4. c. 1. Ir.) contains corresponding provisions to those above stated.

IV. With respect to trusts, the Statute of Frauds, 29 Car. 2. c. 3. s. 7. Eng. enacts, that all declarations or

s. 10.

c. 1. Ir,

§ 4. Declaration: or creations of creations trusts to be in writing.

s. 7. Eng.

S. S.

s. 9.

trusts to be in

writing.

s. 10.

Lands, &c. liable to the judgments, &c.

of cestui-quetrust only.

29 Car. 2. c. 3. creations of trusts of any lands, &c. shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing; or else they shall be void. Provided (s. 8.) that Trusts by impliwhere any conveyance shall be made of any lands or tecation excepted. nements by which a trust shall arise or result by implication or constraction of law, or be transferred or extinguished by an act or operation of law, such trust shall be of the like effect as if this statute had not been made, And by s. 9. all grants and assignments of any trust, shall likewise Assignment of be in writing, signed by the party granting or assigning the same, or by such last will or devise; or else shall be void. By s. 10. it shall be lawful for every sheriff or other offcer to whom any writ or precept is directed upon any judgment, statute, or recognizance, to deliver execution unto the party suing, of all such lands, &c. as any other person be in any manner seised or possessed in trust for him against whom execution is so sued, as if the party against whom execution shall be sued had been seised of such lands, &c. of such estate as they be seised of in trust for him at the time of the execution sued; which lands, &c. shall be accordingly held, freed from all incumbrances of such person seised or possessed in trust. Trusts anets in And if any cestui-que-trust shall die, leaving a trust in fee-simple to descend to his heir, such trust shall be assets by descent, and the heir shall be chargeable with the obligation of his ancestor, as if the estate in law had descended to him in like manner as the trust. Provided (s. 11.) that no heir, that shall be chargeable by reason of any estate or trust made assets in his hands by this law, Heir not thereby chargeable out shall by reason of any plea or confession of the action, of his own estate. or suffering judgment by nient dedire, or other matter, be chargeable to pay the condemnation out of his own estate; but execution shall be sued of the whole estate so made assets, in whose hands soever it shall come after the writ purchased, in the same manner as at common law, where the heir pleading a true plea judgment is prayed against him thereupon. These several provisions are also contained in the 7 W. 3. c. 12. Ir.

the hands of

keirs.

s.11.

7 W. 3. c. 12. $. 4. to 8. Ir,

Next

27 Hen. 8.

c. 16. Eng.

*Dublin, in 10

c. I. Ir.

V. Next as to deeds of bargain and sale: by the 27 Hen. 8. Bargains and c. 16. Eng. no lands, &c. shall pass from one to another, to be inrolled, sales of lands whereby any estate of inheritance or freehold shall be &c. made or take effect in any person, or any use thereof be made, by reason only of any bargain and sale thereof, except the same be made by writing indented, sealed, and inrolled in one of his majesty's courts of record at *Westminster, or cise within the county where said lands lie, Car. 1. st. 2. before the custos rotulorum, and 2 justices, and the clerk of the peace of such county, or 2 of them at the least, whereof the clerk of the peace to be one; and such inrolment to be made within 6 months next after the date of the writing indented: the same custos rotulorum, or justices of the peace, and clerk, taking for every such inrolment, 2s. where the land comprised in such writing exceeds not the yearly value of 40s. viz. 12d. to the justices, and 12d. to the clerk; and where the land comprised exceeds 40s. yearly value, 5s. viz. 2s. 6d. to the justices, and 2s. 6d. to the clerk. And the clerk of the peace within every county, shall sufficiently inroll and ingross in parchment the same deeds or writings indented; and the rolls thereof at the end of every year shall deliver to the custos rotulorum of said county, there to remain in his custody amongst the records of such county, to the intent that every party may resort and see the tenor thereof. But by s. 2, this act shall not extend to lands, &c, within any city, borough, or town corporate, wherein the mayors, recorders, or other officers, haye authority to inroll deeds, &c.* This statute is incorporated in the 10 Car. 1. 10 Car. 1. st. 2.

$. 2.

st. 2. c. 1. Ir. For supplying a failure in pleading or de-fr. c. 1. s. 17, 18. riving title to lands, &c. where the original indentures of bargain and sale are wanting, the 10 Ann. c. 18, s. 3. Eng. 10 Ann. c. 18 provides, that where in any declaration, avowry, bar, re- s. 3. Eng. plication, or other pleading, any such indenture of bar- A copy of rich gain and sale inrolled, shall be pleaded with a profert in dence, curia, the person so pleading may produce, to answer such profert, as well against the crown, as any other person, a copy of the inrolment of such bargain and sale;

and

The 5 Eliz. c. 26. Eng. prescribes the mode of inrolling bargains and sales within the counties of Lancaster, Chester, and Durham,

inrolment epi

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